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2001 Supreme(P&H) 442

M.L.SINGHAL
Bhajan Singh @ Harbhajan Singh – Appellant
Versus
Gurbax Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P. Soi, Advocate.
For the Respondent:Mr. V.G. Dogra, Advocate.

ORDER

M.L. Singhal, J. - It was a suit for the specific performance filed by Gurbax Singh against Bhajan Singh, which was decreed by Sub Judge First Class, Nakodar vide order dated 18.1.1991. Defendant-Bhajan Singh was ordered to execute sale deed pursuant to agreement to sell dated 16.5.1987 with respect to land measuring 30 kanals 14 marlas = 1/5 share of land measuring 153 kanals 12 marlas in favour of plaintiff-Gurbax Singh within a month of 18.1.1991 on receipt of the balance sale consideration. Plaintiff put in execution on 20.10.1993 with a view to calling upon Bhajan Singh to execute sale deed in his favour in terms of the decree.

2. JD put in objections saying that he was not bound to execute sale deed as decree holder had not deposited the balance sale consideration in Court within the period specified by the Court in the decree.

3. Vide order dated 24.7.1999, Additional Civil Judge (Senior Division), Nakodar dismissed the objections and directed the decree holder to deposit the balance sale consideration in Court within one month. It may be mentioned here that vide order dated 18.1.1991, the Court had decreed the plaintiffs suit for possession through specific performance













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